STATE OF NEW YORK
________________________________________________________________________
1181--A
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
___________
Introduced by M. of A. ABINANTI, BUCHWALD, D'URSO, SANTABARBARA, DICK-
ENS, ARROYO, GOTTFRIED, SEAWRIGHT, BYRNE, LAWRENCE, BRABENEC, B. MILL-
ER, GIGLIO, FITZPATRICK, MALLIOTAKIS, MORINELLO, CROUCH, JOHNS,
NORRIS, M. L. MILLER, WALSH, RAIA, GALEF, STECK, STERN, BURKE, SAYEGH,
PAULIN, ZEBROWSKI, BUTTENSCHON, ORTIZ, ASHBY, JACOBSON, MONTESANO,
PICHARDO, GUNTHER, McMAHON -- Multi-Sponsored by -- M. of A. DeSTEFA-
NO, EPSTEIN, HAWLEY, LIFTON, SCHIMMINGER, SIMON, WRIGHT -- read once
and referred to the Committee on Higher Education -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the education law, in relation to the substitution of
brand name epinephrine auto-injectors with alternate epinephrine auto-
injectors for dispensation by pharmacists
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 6816-a of the education law is amended by adding a
2 new subdivision 6 to read as follows:
3 6. (a) Notwithstanding subdivision two of this section or any other
4 section of law to the contrary, when a patient is prescribed a brand
5 name epinephrine auto-injector, a pharmacist may substitute an alternate
6 epinephrine auto-injector containing the same active ingredients, dosage
7 form and strength as the brand name product prescribed, ordered or
8 demanded, regardless of whether the alternate epinephrine auto-injector
9 is included in the latest list of interchangeable drug products for the
10 prescribed epinephrine auto-injector device, provided that:
11 (i) the prescriber does not indicate that the prescription therefor
12 shall be dispensed as written pursuant to paragraph (a) of subdivision
13 six of section sixty-eight hundred ten of this article;
14 (ii) the alternate epinephrine auto-injector available would reflect a
15 lower unit cost to the purchaser;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05192-05-9
A. 1181--A 2
1 (iii) the pharmacist has advised the purchaser of the availability of
2 an alternate epinephrine auto-injector and obtained consent to dispense
3 the alternate epinephrine auto-injector; and
4 (iv) the pharmacist has counseled the patient or person authorized to
5 act on the patient's behalf on the proper usage and operating features
6 of the alternate epinephrine auto-injector.
7 (b) For purposes of this subdivision "epinephrine auto-injector" shall
8 have the same meaning as provided in paragraph (b) of subdivision one of
9 section three thousand-c of the public health law.
10 § 2. This act shall take effect immediately.
